000 03684cam a22003378i 4500
001 21991274
005 20231219105007.0
008 210412s2021 enk b 001 0 eng
010 _a 2021017088
020 _a9781509950508
_q(paperback)
040 _aDLC
_beng
_erda
_cDLC
042 _apcc
043 _as-bl---
082 0 0 _a342.81029
_223
100 1 _aMeyer, Emílio Peluso Neder,
_eauthor.
245 1 0 _aConstitutional erosion in Brazil :
_bprogresses and failures of a constitutional project /
_cEmilio Peluso Neder Meyer.
263 _a2108
264 1 _aOxford ;
_aNew York :
_bHart,
_c2021.
300 _axi, 238 pages ;
_c24 cm.
336 _atext
_btxt
_2rdacontent
365 _bRs. 3560.00
490 0 _aConstitutionalism in Latin America and the Caribbean ;
_vvolume 1
504 _aIncludes bibliographical references and index.
505 0 _aIntroduction : Defining Brazil's constitutional erosion -- Transitional constitutionalism : judicial and military attempts at controlling a transition -- Social-democratic constitutionalism : neoliberal unconstitutional politics and socio-economic rights -- Institutional and personal judicial guarantees : judges, inequality and politics -- Judges and courts destabilising constitutionalism -- Subverting the rule of law : the military vs the milícias -- Eroding Brazilian constitutionalism -- Moderating powers? : military and judges in Brazilian constitutionalism -- Digital constitutionalism : WhatsApp elections and fake news -- Constitutional resilience against erosion : responses provided for by the 1988 Constitution.
520 _a"This book provides a fascinating analysis of a single jurisdiction, Brazil, and accounts for both the successes and the failures of its most recent constitutional project, inaugurated by the Constitution of 1988. It sets out the following aspects of the constitutional development and erosion: - the different phases of the promised transition from military rule to a 'social-democratic constitutionalism'; - the obstacles to democratisation derived from the absence of true institutional reforms in the judicial branch and in the civil-military relationship; - the legal and social practices which maintained a structure that obstructed the emergence of an effective social-democracy, such as the neoliberal pattern, the acceptance in the political field of unlawful organisations, such as the milícias, and the way the digital revolution has been harming the formation of democratic sovereignty. Situating Brazil in the global context of the revival of authoritarianism, it details the factors which are common to the third wave of democratisation reflux. Accounting for those aspects, particular to the Brazilian jurisdiction, it shows that there is a tension in the Brazilian constitution. On the one hand, such constitutionalism was renewed by democratic pressure on governments to undertake social politics since 1988. On the other hand, it retained authoritarian practices through the hands of diverse institutions and political actors. By exploring the ideas of constitutional erosion and collapse, as well as democratic, social and digital constitutionalism, the book presents a comparative analysis of Brazil and other jurisdictions, including the United States, South Africa, and Peru"--
_cProvided by publisher.
650 0 _aConstitutional history
_zBrazil.
651 0 _aBrazil
_xPolitics and government
_y1985-2002.
651 0 _aBrazil
_xPolitics and government
_y2003-
776 0 8 _iOnline version:
_aMeyer, Emílio Peluso Neder.
_tConstitutional erosion in Brazil
_dOxford ; New York : Hart, 2021
_z9781509942602
_w(DLC) 2021017089
942 _2ddc
_cBK
999 _c212224
_d212224